Course: Construction of Exclusion Clauses
Code: LP02-CP02
Duration: 1.0 Hour
CPD Credit: 1 CPD Point
There are many reasons given for the importance of Exclusion Clauses but primarily their purpose is the reduction in claims through the allocation of risk and the consequences of such risk. Clearly the Exclusion Clauses are intended to limit or reduce the impact of the conversion of risk into loss.
As with any loss the intent is to insure as best as possible against risk and Exclusion Clauses can alleviate risk by providing some level of insurance. Of course one must also take into consideration the direct impact of Exclusion Clauses and most importantly the direct impact on insurance premiums.
In the construction of Exclusion Clauses, there are several considerations, all of which are tackled in this course:
How is ambiguity of an Exclusion Clause determined? How does the contra proferentem rule apply?
How should Exclusion Clauses seeking to exclude liability arising from negligence be constructed?
What are direct and indirect losses? How do Exclusion Clauses cover these losses?
When is the construction of an Exclusion Clause too broad?
What are the positions at Common Law? How do they affect the validity and scope of an Exclusion Clause?
What are the statutory controls on Exclusion Clauses? What is the reasonableness test for Exclusion Clauses?
Where do the courts stand in the questions posed above? What are the precedents and the court guidelines?
At the end of the course, you will have to take a test. The results of this test will determine your CPD accreditation for completing this course.
Jeremy Leifer
Jeremy (jeremy.leifer@deacons.com.hk) is a partner at Deacons, one of Hong Kong's and Asia's leading corporate law firms providing an extensive range of legal services to local and international corporations with business interests in Asia.
Leiferšs main areas of practice are corporate finance (including corporate restructurings, listed company rescues, and takeovers) and corporate and commercial work. His experience includes: direct investment; joint venture/shareholders agreements; acquisitions and disposals (for public and private companies, cross border and domestic); corporate reorganisations;
and general corporate work and commercial agreements.
He was admitted to the Supreme Court of England and Wales in 1988 and the High Court of Hong Kong in 1990. Leiferšs educational achievements include the London School of Economics (LLB) and Solicitors Finals (England).
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